Law, Democracy & Development - Volume 13, Issue 2, 2009
Volumes & issues
Volume 13, Issue 2, 2009
Source: Law, Democracy & Development 13, pp XI –XVIII (2009)More Less
This issue of LDD has a special focus on women. It comes at an appropriate time. The position of women in African and South African society has been highlighted by the controversy surrounding disclosures of illegitimate children fathered by President Jacob Zuma. Indeed, the President's marriage to a third wife also sparked criticism among sections of the population where monogamy is the norm. In itself, such criticism is easily answered: cultural differences must be accepted and respected, as required by the Constitution - not only in a narrow legalistic sense but in the spirit of embracing our national diversity rather than merely tolerating it. Aptly, this spirit of inclusiveness was recalled in the celebration of Nelson Mandela's legacy 20 years after his release from Victor Verster Prison on 11 February 1990.
The impact of traditional sex practices on the construction of female sexuality : an African human rights perspectiveAuthor Letetia Van der PollSource: Law, Democracy & Development 13, pp 1 –21 (2009)More Less
'The time has come to recognize that denials of individuals' rights on the ground only that they are women are human rights violations, and to require state practices that expose women to degradation, indignity, and oppression on account of their sex to be independently defined, condemned, compensated, and, preferably, prevented. The purpose of changing ubiquitous state practice may appear ambitious, but it is not too ambitious for the needs of our time.'
'[This Protocol] reaffirms the principle of promoting gender equality as enshrined in the Constitutive Act of the African Union as well as the New Partnership for Africa's Development, relevant Declarations, Resolutions and Decisions, which underline the commitment of the African States to ensure the full participation of African women as equal partners in Africa's development.'
'The substantive realisation of equality is a precondition for transformative change in South Africa. Yet, inequality is still the biggest challenge facing development and transformation in post-apartheid South Africa.'
The additional protocol to the African Charter on Human and People's Rights : indications of capacity for African municipal systemsAuthor Nkolika Ijeoma AniekwuSource: Law, Democracy & Development 13, pp 22 –35 (2009)More Less
Since 1945 and the United Nations Charter, the United Nations has promoted human rights as essential to individual liberty, international peace and development. Major human rights treaties and documents include the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the Convention on the Rights of the Child (CRC), the Convention against Torture and Other Cruel, Inhuman or Degrading Punishment, and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). International and regional human rights discourse has centred on the protection of civil, political, economic, social and cultural rights; viz, the rights to equality and non-discrimination, freedom of expression, liberty, life, privacy, education, a clean environment, bodily integrity, religious and political beliefs, freedom from torture, degrading or inhuman treatment, freedom of movement, association, etc. The above human rights documents, including CEDAW, are legally binding under international law.
Author Navanethem PillaySource: Law, Democracy & Development 13, pp 36 –46 (2009)More Less
I thank you for this homecoming invitation that truly honours me. I am delighted to give the Dullah Omar Memorial Lecture on the topic 'The Agenda for the Promotion of the Rights of Women in the Next Decade'. Dullah Omar's leadership and commitment to democracy and human rights have greatly helped to sustain and realise the dreams of generations of South Africans. It is indeed heartwarming to know that new generations will continue to be schooled in, and motivated by, his example and wisdom.
I had the privilege to know Dullah Omar personally and retain both a deep admiration for, and fond memories of, him. One is particularly endearing to me. It concerns a stroll that he and I, returning from Robben Island, took together. At one point we stopped in front of the market stall that his wife was running. He confessed that his wife's business brought home more money than his law practice. This was somewhat unsurprising on two counts: the first stemmed from the resourcefulness and business acumen of his wife; the second depended on the fact that a significant portion of Dullah Omar's work was devoted to the poor, as well as impecunious anti-apartheid activists. I cannot forget the pride and love that made him rhapsodise about the leadership of his spouse.
Source: Law, Democracy & Development 13, pp 47 –70 (2009)More Less
The South African Constitution, 1996, guarantees 'everyone' the right of access to social security, including social assistance, if they are unable to support themselves and their dependants.
South African social security can generally be divided into two branches: social assistance and social insurance. Social assistance in South Africa refers to tax based, flat rate and means tested benefits administered by the state and payable to select categories of persons in need of income support, for example, grants paid to older persons. Social insurance, on the other hand, comprises of contributory schemes that provide income related benefits to employees in the event of a specific social risk occurring, for example, unemployment benefits payable upon loss of employment, or benefits payable upon retirement.
Author Naude MalanSource: Law, Democracy & Development 13, pp 71 –95 (2009)More Less
Is the South African Constitution a 'people's document'? Does it give voice to, encourage and protect the actions of the poor, the homeless, the marginalised and the excluded? If the meaning of the rights in the South African Bill of Rights emerges through a complex interaction between the words on paper and its 'open community of interpreters', to what extent does it empower the 'practices of resistance and struggle' of the oppressed and marginalised, the poor and the homeless to 'name human rights and to put them to work'? Can we interpret the rights in the South African Constitution in such an activist way? This democratic conception of rights goes beyond, but draws upon Jennifer Nedelsky's idea that a 'constitutional dialogue' between the branches of the State should decide the content and meaning of rights in a society. This dialogue should make specific allowance for the participation of the beneficiary in both words and action. In this sense the citizen becomes the subject or author of rights, and we may arrive at a conception of rights that enables democracy to exert real influence over society.
Source: Law, Democracy & Development 13, pp 96 –104 (2009)More Less
This article elaborates on the position that international legal instruments have taken when focusing on the issue of punishment of youth offenders. It also provides some constitutional interpretation as to how juvenile offenders should be dealt with. It specifically deals with the constitutional challenge brought in relation to the 'Minimum Sentences Act' regarding the sentencing of juvenile offenders under the Act . This discussion includes an examination of the history of the Act and the constitutional challenge.
Source: Law, Democracy & Development 13, pp 105 –116 (2009)More Less
'Ngokoluvo olusebenzayo nolungagxeki ngokupheleleyo, abantwana bangumzekelo wethemba loluntu kunye nesiphiwo salo kwikamva lalo.' Ubu-ethe-ethe bolu luvo busenokungabi yonyani ngokupheleleyo, ingakumbi eMzantsi Afrika apho bekusenzeka rhoqo izenzo zolwaphulo-mthetho ezinobundlobongela obenziwa lulutsha.